The Delhi High
Court on Monday asked the DDA to maintain status quo of the land located
in the city’s Mehrauli area, on which the 600-year-old Akhoondji Masjid was
demolished, till February 12.
A bench of
Justice Sachin Datta, however, underlined that the judgment would not prevent
the city authorities from taking action against other illegal properties in the
area.
The court was
hearing a petition filed by the Managing Committee of the Delhi Waqf Board
seeking the status quo of the land where the mosque was located.
The DDA on
January 30 demolished the masjid, the Behrul Uloom madrasa, and several graves,
citing unauthorised structures.
On January 31,
the high court asked DDA whether it had provided any prior notice before
demolishing the mosque. "Let the DDA file its reply within a period of one
week clearly setting out the action that has been taken in respect of the
property concerned and the basis thereof and as to whether any prior notice was
given before taking the demolition action," the judge wrote in his ruling.
On Monday, the
Managing Committee, represented by counsel Shams Khwaja, contended that the
Religious Committee lacked jurisdiction to order any demolition action.
In 2009, the
Supreme Court issued instructions to demolish, relocate, and regulate
unauthorised religious constructions in all public spaces, as well as to
prohibit their continuing occupation. In 2014, Delhi established a Religious
Committee chaired by the home secretary to consider such matters and make
recommendations.
Khwaja also
claimed that the DDA had not only demolished the mosque, but also dug the
remains buried in the graveyard and damaged copies of the Quran.
The DDA,
represented by counsel Sanjay Katyal, contended that the demolition was carried
out on January 4 in accordance with the Religious Committee's recommendations
and that the CEO of the Delhi Waqf Board was also afforded an opportunity to
hear before the decision.